Legal Matters: Administrative Law, Government Decisions & Your Right to Challenge Them

In this episode of Legal Matters on 4CRB, Andrew Bell from Bell & Senior Lawyers takes listeners into one of the most contested and rapidly developing areas of Australian law: administrative law. Prompted by caller questions from the previous week about the proposed Springbrook Gondola and beachside cafe approvals, Andrew explains what administrative law is, how to use it to challenge government and council decisions, and why even a successful legal challenge does not always deliver the outcome you hoped for.

Live caller questions cover a deeply concerning situation involving a missing elderly sister placed in care by an unknown person, Will storage fees, and the practical rules governing overhanging tree branches between neighbours.

Key Topics

• What is Administrative Law: The framework governing every decision made by a minister, council, department, or agency under legislation, and why it touches every Queensland resident.
• Merits Review vs Judicial Review: The critical distinction between having a decision reconsidered on its merits (such as through the ART or QCAT) and challenging whether a decision was made lawfully.
• Winning Without Changing the Outcome: Why a successful judicial review may simply result in the same decision being remade correctly.
• Standing: Who can bring a challenge, the difference between common law requirements and Queensland’s more generous planning standing rules, and why getting your submission in during the notification window matters.
• Impact Assessable Applications: How to tell whether a development near you has public appeal rights, where to find notifications, and why the 15 business day submission window is shorter than most people realise.
• The Springbrook Cableway: A detailed real-world example of how multiple independent approval regimes under federal, state, and native title law work together, including updates on the December 2025 council resolution.
• Caller Patricia: Locating a missing sister with dementia who was removed to an unknown care facility by a non-family member, with a significant estate at risk.
• Caller John: Whether a solicitor can charge ongoing fees to store a Will after it has been drafted.
• Caller Rod: Overhanging tree branches onto a neighbouring property and the formal FORM 3 notice process required.

Listener FAQ Highlighted in This Episode

• What is administrative law in Queensland?
• What is the difference between merits review and judicial review?
• Who has standing to challenge a government decision in Queensland?
• What is an impact assessable development application?
• What approvals does the Springbrook Cableway need?
• What can I do if a family member has been removed to care by a non-family carer?
• Can a lawyer charge ongoing fees to store my Will?
• Who is responsible for overhanging tree branches in Queensland?

Listen to the full discussion above.

Key Takeaways

1. Administrative law governs every government decision that affects you. Whether it is a development approval, a licence refusal, or a ministerial determination, the framework that governs how that decision must be made is administrative law. Under the Judicial Review Act 1991 (Qld) and at common law, you can challenge those decisions where the decision-maker acted without authority, failed to follow the required process, considered irrelevant factors, or acted in bad faith.
2. Merits review and judicial review are fundamentally different. Merits review allows the tribunal or court to substitute its own decision. In Queensland, this includes the Planning and Environment Court under the Planning Act 2016 (Qld) , and at the federal level, the Administrative Review Tribunal (ART). Judicial review simply asks whether the original decision was lawfully made.
3. State vs Federal Judicial Review. Judicial review of a state decision will ultimately be appealable to the Supreme Court of Queensland. However, for federal government decisions (such as visa refusals), judicial review sits with the Federal Court or the High Court.
4. You can win and still lose. Judicial review does not compel a decision-maker to reach a particular outcome. It requires them to repeat the process lawfully, and they may arrive at the same conclusion. This is why judicial review in the Supreme Court, which can cost hundreds of thousands of dollars, is usually pursued only by well-resourced interest groups with professional legal advice.
5. Get your submission in on time. For impact assessable applications under the Planning Act 2016 (Qld) , the 15 business day public notification window is strict. Missing it closes the door to formal appeal rights. Monitor the Gold Coast City Council development register if you are watching a particular area.
6. The Springbrook Cableway must satisfy three independent regimes. Federal assessment under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) , a special lease under the Nature Conservation Act 1992 (Qld) , and consent or the exhaustion of the statutory process under the Native Title Act 1993 (Cth) must all be satisfied before the project can proceed. The Gold Coast City Council has confirmed no further progress will occur until Traditional Owner backing is secured.
7. Family members can apply to QCAT for guardianship of a vulnerable relative. Under the Guardianship and Administration Act 2000 (Qld) , QCAT generally favours family members in guardianship applications over non-family carers. If you believe a vulnerable person has been isolated from their family by a non-family carer, act quickly.
8. Your Will is your document. A solicitor may charge a one-off safekeeping fee at the time of drafting, but must be transparent about that arrangement. You are entitled to request the return of your original Will at any time under the Legal Profession Act 2007 (Qld) .
9. The $300 tree branch rule requires a FORM 3 notice. Under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) , the self-help remedy only applies to branches overhanging more than 50cm and less than 2.5 metres above the ground. You must issue a formal FORM 3 notice giving the tree owner 30 days to respond before you can act. For higher branches, you must apply to QCAT.

Annotated Transcript

Topic: What is Administrative Law?

The framework for challenging government and council decisions under the Judicial Review Act 1991 (Qld) and at common law.

📎 See also: What is Administrative Law in Queensland?

Colin Balewski: Well, welcome to Legal Matters and I’d like to welcome to the microphone and the studio Andrew Bell from Bell and Senior Lawyers. Good morning to you.

Andrew Bell: Morning, Colin. Great to be back.

Colin: Last week we had a couple of callers talking about the gondola to Mount Tamborine and the beachside cafes. You thought it might be a good opportunity to tackle the law behind that style of complaint or concern.

Andrew: Indeed I did, and this is a very different area of law. It is called administrative law, and it is really the whole body of law developed around decisions made by ministers and councils when they are enacting decisions empowered by legislation, and what you can do to challenge those decisions.

One of the things to know about administrative law is that it is one of the most contested areas of law over the last 10 years. About half of recent High Court decisions have involved ministers making decisions around denying visas and environmentally significant actions that have been challenged through the courts. Administrative law is the mechanism for doing that, and because it is developing so rapidly, it is a topic worth understanding.

Colin: Let us start with the basics. What is it, who can use it, and what can you actually achieve?

Andrew: So most people have never even heard the term administrative law. It touches every single listener, however. Every time a government body, a council, a state department, or a federal agency makes a decision that affects you, administrative law is the framework that governs how that decision must be made and what you can do if it was made wrongly.

If a unit block is approved, if you are refused a liquor licence, if a cableway through a national park is approved, all of these decisions are made inside an administrative law framework. That framework governs the relationship between the government and the people it governs.

Topic: Merits Review vs Judicial Review

Applying the Judicial Review Act 1991 (Qld) and Planning Act 2016 (Qld) .

📎 See also: Merits Review vs Judicial Review in Queensland

Colin: So if a council makes a decision that I think is wrong, administrative law lets me challenge it?

Andrew: Yes, but there is an important caveat and it catches people out. A judicial review is not a mechanism for the court to remake the decision. The challenge is on a legal basis: was the decision made lawfully? Did the decision-maker have the authority? Did they follow the process the law requires? Did they consider the right factors or ignore irrelevant ones? Did they act in good faith?

If the answer to any of those questions is yes, the decision can be potentially set aside. But the court does not then step in and replace the decision. It is as if the decision was never made, which means the decision must be made again. Hopefully this time it is the correct one.

Colin: So you could win a challenge and still end up with the same outcome?

Andrew: That is correct. If a minister denies your mother a visa and you successfully challenge that in court on the basis that they failed to take into account a relevant factor, the matter goes back to the minister’s department to decide again. They could still say, “This time we took that into account and we are still denying the visa.”

Administrative law can be very frustrating for that reason, and this is what we are seeing with the Springbrook gondola. There have been two previous decisions knocking it back on various grounds, and the proponents are attempting to bring it forward again. You may never permanently stop these things through legal means, but you can delay them and use that time to pursue non-legal strategies alongside the formal process.

Topic: Types of Review Available

Merits review under the Planning Act 2016 (Qld) and judicial review under the Judicial Review Act 1991 (Qld) .

Colin: What are the different types of review available to someone who wants to challenge a government decision?

Andrew: When you start looking at administrative law, you will encounter two different types of review. The first is a merits review. This is where the legislation has established an independent body that can look at the decision and make it again from scratch. In Queensland, QCAT can make a merits-based decision on certain weapons licence applications instead of the police, using the same grounds, and could substitute an entirely different outcome. At the federal level, the Administrative Review Tribunal (ART) performs this function. If you are appealing a planning approval to the Planning and Environment Court, that is also a merits review. The court can look at everything and actually grant what was refused, or refuse what was approved.

The second is judicial review, which is the most common form of review. This is purely about legality. You are not asking the court to agree with you; you are asking whether the process was lawful. Any judicial review of a state decision will ultimately be appealable to the Supreme Court of Queensland. For federal government decisions, such as visa refusals, judicial review sits with the Federal Court or the High Court.

Colin: Let us talk money. How expensive are these pathways?

Andrew: It depends entirely on what you are challenging and what review pathway the legislation provides. A merits review through the Planning and Environment Court or QCAT can sometimes be done without a lawyer for smaller matters, though legal representation is available and often advisable.

Judicial review in the Supreme or Federal Court is an entirely different proposition. You are making complex legal arguments against very experienced senior counsel acting for the government, lodging affidavits, and potentially facing weeks of hearing time. The cost could easily run into the hundreds of thousands, if not millions, of dollars. These sorts of actions are normally only brought by well-resourced interest groups that have obtained detailed legal advice before they begin. And as noted, even if you win, you may simply get the decision sent back for reconsideration.

Topic: Standing to Challenge a Government Decision

Applying the Planning Act 2016 (Qld) and common law standing requirements.

📎 See also: Who Has Standing to Challenge a Government Decision?

Colin: Can anyone challenge a government decision, or do you need to be directly affected?

Andrew: We have talked about standing in other contexts on this programme, and the same concept applies here. Standing is the legal requirement that you have the right to bring a particular action. In common law, you normally need to show that you are potentially and specifically affected by a decision.

However, in Queensland’s planning system, the rules are more generous. The Planning Act 2016 (Qld) allows a person to make a properly made submission on an impact assessable development application during the public notification period as an affected member of the public. If the matter goes to the Planning and Environment Court, having lodged that properly made submission is what gives you standing to appeal. The critical point is that you must get your submission in during that public notification window. You do not have unlimited time to challenge these decisions, and missing the window significantly limits what you can do.

For challenges beyond the planning context, you may need to form a local residents group or work through an environmental organisation to establish standing.

Caller 1: Patricia | Missing Sister, Dementia & Suspected Financial Abuse

Applying the Guardianship and Administration Act 2000 (Qld) and powers of the Queensland Civil and Administrative Tribunal.

📎 See also: QCAT Guardianship in Queensland | QCAT & Guardianship (Ep 8)

Colin: We are going to start now with Patricia. Good morning Patricia, ask your question of Andrew.

Patricia: I would like to know, I am 80 and my sister is 82. Two years ago a woman contacted me saying I was never to have any contact with my sister ever again. I do not know where she is. She was taken from her house and put into care somewhere in Queensland. I am in northern New South Wales. My sister has frontal lobe dementia.

Andrew: That is a massive concern Patricia and I am sorry to hear about it. Legally, for there to be a binding prohibition on you contacting your sister, it would need to take the form of a peace and good behaviour order or a domestic violence order. It is unlikely that is what has happened here because you were not served by police. But I would contact both Queensland Police and New South Wales Police and ask them to check whether any such orders exist against you. That will answer the question of whether you are legally prohibited from contacting her.

In terms of finding her, if she is in a public facility, you may be able to contact Queensland Health, though they may decline to assist on privacy grounds. We work with private investigators who can often locate people quite quickly if they are not actively trying to hide. You might also check the electoral roll, and you could check probate registers in both Queensland and New South Wales to confirm she is still alive.

Patricia: Her estate would be worth close to two and a half to three million dollars, and this woman came out of the blue and made these demands.

Andrew: Given those circumstances, you should also consider applying to QCAT to be appointed as your sister’s guardian. If this person is not her legal carer and your sister has dementia and lacks capacity, QCAT generally favours family members over non-family carers in guardianship applications under the Guardianship and Administration Act 2000 (Qld) . You previously cared for her yourself, which strengthens your position significantly. You can contact Legal Aid Queensland to see whether they can assist with funding.

Caller 2: John | Will Storage and Solicitor Fees

Applying the Legal Profession Act 2007 (Qld) fee transparency obligations.

📎 See also: Will Storage Fees in Queensland | The Cost of a Will in Queensland (Ep 11)

Colin: Moving on to John. John, ask your question of Andrew.

John: I have a Will, an Enduring Power of Attorney, and a health directive. The firm that prepared my Will holds a copy. Do they charge to hold it over time?

Andrew: Under the applicable professional rules, solicitors must be transparent about their fees. Most practices charge a one-off safekeeping fee at the time the Will is drafted, rather than ongoing annual charges. It is technically your Will, and you can request it back at any time. If you call the firm, they are obligated to tell you clearly if they are charging you anything for storage and what the basis of that charge is.

John: So it is possible they could charge me?

Andrew: Most of the time any charge would have been a single fee paid at the time of drafting. But do ask them directly, they must give you a clear answer.

Caller 3: Rod | Overhanging Tree Branches

Applying the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) .

📎 See also: Overhanging Branches in Queensland | QCAT & Neighbourhood Disputes (Ep 7)

Colin: Good morning to Rod. Rod, ask your question of Andrew.

Rod: We touched on overhanging branches about three weeks ago. I have branches overhanging into a neighbouring block of units. I offered to share the cost of cutting them back but received no response. I am concerned that QCAT might send me a notice making me solely responsible. What happens if I cannot afford to trim them?

Andrew: Under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) , the affected neighbour does not have an unconditional right to trim overhanging branches at their own cost. The process is more structured. They can only use the $300 self-help remedy if the branches are overhanging more than 50cm and are less than 2.5 metres above the ground. Even then, they must first serve you with a FORM 3 notice giving you at least 30 days to respond. This notice can only be issued once per 12-month period. If you fail to address the issue within that time, they may trim the branches and seek up to $300 in reimbursement. For branches higher than 2.5 metres, the self-help remedy is entirely unavailable, and they must apply directly to QCAT.

Given that you have proactively offered to engage and share costs, and they have not responded, they have not initiated the formal process. If they were to apply to QCAT, your willingness to cooperate and share costs would be considered by the tribunal.

Rod: So I should just wait it out?

Andrew: At this point, yes. They must initiate the formal FORM 3 process before any right to seek reimbursement arises. I will also put some additional information on the website about the specific requirements for trimming branches.

Topic: Impact Assessable Applications and the Development Register

Applying the Planning Act 2016 (Qld) and Gold Coast City Council’s planning scheme.

📎 See also: Impact Assessable Development Applications in Queensland

Colin: You mentioned impact assessable applications earlier. What does that mean and how does someone know if an application is one?

Andrew: Town planning law is quite involved and it evolves over time. In Queensland, development applications are categorised based on their potential impact on the community and environment. Code assessable applications are assessed against planning scheme rules. If something ticks all the boxes, it must be approved, and the public has no appeal rights for code assessable decisions. So if your area is zoned for units and a development meets all the specifications, there is not a great deal that can be done to stop it.

Impact assessable applications are those with a higher potential for environmental or community impact. This covers large developments, developments in sensitive areas, and anything requiring a thorough public interest assessment. These must go through public notification. Typically a sign goes up on the land identifying the developer, the scope of the development, where to get more information, and the submission period. The application is also listed on the council’s development register.

From the date of the public notice, there is a minimum 15 business day window for public submissions. If you miss that window, your formal legal standing to appeal is significantly limited. My practical advice is to check the Gold Coast City Council development register regularly if you are watching a particular area, so you do not miss the notification period.

Topic: The Springbrook Cableway as a Case Study

Applying the Environment Protection and Biodiversity Conservation Act 1999 (Cth) , Nature Conservation Act 1992 (Qld) , and Native Title Act 1993 (Cth) .

📎 See also: What Approvals Does the Springbrook Cableway Need?

Colin: Let us use the Springbrook Cableway as a real-world example. What are the approval hurdles this project actually faces?

Andrew: This is a great example because the project must satisfy multiple independent approval regimes simultaneously, and it has already been knocked back twice, in 2000 and 2014, because it could not satisfy all of them. If it comes back again, it still needs to get through everything.

First, there is federal legislation. Springbrook is a national park and part of the Gondwana Rainforest World Heritage area. Under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) , any action that will have a significant impact on a World Heritage property must be referred to the Federal Environment Minister. In 2025, such a referral was lodged. The minister must decide whether it is a “controlled action” requiring full federal assessment. That assessment process includes public consultation windows where any person can participate. If the minister determines it is a controlled action and the proponent cannot satisfy the assessment criteria, the project cannot proceed regardless of what the state government or council might want.

Second, there is state legislation. National parks are protected under Queensland law. A cableway through Springbrook would require a special lease or licence under the Nature Conservation Act 1992 (Qld) . The State Minister for the Environment must be satisfied that the project is consistent with the park’s management plan. If the management plan requires amendment, that itself triggers a public consultation process, creating another opportunity for community input.

Third, there is native title and cultural heritage. The Yugambeh people are the traditional owners of the Springbrook area. Under the Native Title Act 1993 (Cth) , certain activities on land where native title has not been extinguished require either the consent of the native title holders or the exhaustion of a formal statutory negotiation process. Without that consent, the process cannot continue. In December 2025, the Gold Coast City Council resolved that no further progress will occur until broad community and First Nations backing is secured. They also resolved to fund $400,000 for environmental assessments (rather than a full business case) and are currently assessing a second route option at Tamborine, with a definitive answer on the route expected by the end of 2026.

There may be additional approval requirements relating to the specific construction details and operating conditions. This is a powerful example of how multiple layers of community consultation and regulation interact, and why all boxes must be ticked before a project of this nature can proceed.

Colin: Well, we are at the end of the show. Can you give us a quick summary?

Andrew: Administrative law is the framework for challenging decisions made under legislation by ministers, departments, councils, and other government bodies. Before you pursue a challenge, check whether you have standing, identify what review pathway the relevant legislation provides, and be aware of the time frames. If all of those elements are in place, a properly made submission must be considered, and it may result in the decision needing to be remade.

Next week we will look at political action as an alternative to legal strategies, revisit defamation, and explore parallel strategies alongside the law. I would also encourage listeners to visit the website for the show, as I update additional information there during the week.

Colin: You can find copies of the show at 4crb.com , and you can find Bell and Senior Lawyers at bellsenior.com.au .

Related Episodes

• Ep 12: Loan Agreements, Debt Forgiveness & Debt Collector Rights — Covers the legal limits on debt collector conduct and personal loan enforcement.
• Ep 8: QCAT, Guardianship & Neighbour Disputes — A detailed episode on QCAT’s guardianship jurisdiction and enforcement of QCAT decisions.
• Ep 7: QCAT & Neighbourhood Disputes — Covers QCAT procedures, tree and fence disputes, and family provision claims.

Postscript: What Happens If the Neighbour Does Not Let Me onto Their Land to Trim the Branches?

This is a question Rod raised at the end of the episode, and the answer is important for anyone in his position. Under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) , the mechanics of access to the neighbouring property are built directly into the Form 3 process itself. Once a neighbour serves a Form 3 on you, the notice itself functions as your request to access their land to do the work.

If the Neighbour Serves You With a Form 3

When a neighbouring owner serves a Form 3 on Rod, the notice must give at least 30 days to respond, include a written contractor quotation, include Chapter 3 Part 4 of the Act, and include a response form. The Form 3 notice itself grants permission (by implication of the notice and s 57(3)(c) of the Act) for Rod or his contractor to enter the neighbour’s land on the nominated day to carry out the work. The neighbour cannot refuse access after serving the notice. If Rod agrees to carry out the work, he must return the signed response form at least one day before work begins, specify the contractor and time, and ensure work happens between 8am and 5pm. If the neighbour refuses entry, Rod has a strong basis to apply to QCAT.

If No Form 3 is Served

If no Form 3 is served, Rod has no obligation to act yet. His proactive offer to share costs was goodwill. Rod can wait for a Form 3, or proactively arrange the work and ask the body corporate for access (which QCAT views favourably).

If Rod Cannot Afford the Trimming

If the matter reaches QCAT, they can order the neighbour to bear the full cost, apportion costs, set a timeframe for funding, or direct both parties to obtain quotes. Rod’s offer to share costs, refused by the body corporate, will weigh in his favour.

The Body Corporate Complication

Since the tree overhangs a body corporate property, the body corporate committee must authorise and serve the Form 3. Individual lot owners cannot serve it for common property branches.

Disclaimer: This transcript provides general legal information only. It is not personal legal advice. Everyone’s situation is different, so please seek independent legal advice for your own circumstances. Call Bell & Senior Lawyers on 07 5532 8777.